Drug and Alcohol Testing Supervisor Training

Presented by: HRS Employee and Management Services

NMSU Police Department Employee Assistance Program

Overview

•Purpose•Target Audience•Scope and Methodologies

Drug and Alcohol Related Policies

NMSU Policy 3.40 Drug-Free Workplace In effect to comply with the Drug-Free Workplace Act of 1988

NMSU Policy 3.05 Alcohol PolicyIndicates the unacceptable and acceptable use of alcohol as it relates to NMSU employees, the NMSU community and NMSU functions.

US DOT Title 49: Transportation, Part 40Title 49 is the federal regulation that requires testing of transportation employees performing safety-sensitive duties as defined in accordance with the applicable DOT agency.

Alcohol Abuse in the Workplace

WHAT IS ALCOHOL?

Ethyl Alcohol – made from grains and fruits; a.k.a. “drinking alcohol”; also present in “ethanol fuel”Examples: Beer, wine, malt beverages, hard liquor

Isopropyl Alcohol – rubbing alcoholSometimes used by alcoholics when can’t get access to other alcohol; highly toxic

Methyl Alcohol – “wood” alcoholMost commonly used as fuel in products like “Sterno”; extremely toxic

WHY DO PEOPLE USE IT?

Relive anxiety ModelingSocializing AddictionCoping CuriosityFeeling of power Stress

managementAltered consciousness RebellionPeer pressure Reduce

inhibitions

KEY FACTORS INFLUENCING USE

Pre-Disposing Factors: Family history, work history, peer pressure

Enabling Factors: Culture of the workplace, lack of other outlets or coping mechanisms, people who help deny the problem, people who contribute

Reinforcing Factors: Pleasurable experience, feeling connected or part of the “team”, advertising

ALCOHOL’S IMPACT AT WORK

ViolenceInjuries (esp. crashes)Drownings (69%)Reduced productivitySuicide

COMMON MYTHS

MYTH #1: Alcohol improves sex.

TRUTH: Alcohol is a CNS depressant, and only gives the perception of improving performance to the person under the influence.

COMMON MYTHS

MYTH #2: If I sleep a few hours, I will be fine to go to work.

TRUTH: Alcohol is processed by the body at a set rate. It will take 75 minutes for every “drink” consumed to eliminate it from the body.

COMMON MYTHS

MYTH #3: Alcohol relieves stress.

TRUTH: Alcohol is a toxin that the body must eliminate. This process causes a physiological stress reaction in the body.

COMMON MYTHS

MYTH #4: Strong coffee and a shower will sober me up quicker.

TRUTH: Nothing can change the rate at which the body processes and eliminates the alcohol.

COMMON MYTHS

MYTH #5: If I take a shower and change clothes, nobody will know I am still hung over.

TRUTH: Showering and changing clothes only removes the odor that is already on the outside of the body. Additional odor (esp. breath and sweat) will continue to be produced as long as the body is still processing and eliminating alcohol.

COMMON MYTHS

MYTH #6: “Lite” beer is better to drink because it has fewer calories.

TRUTH: This only works if drinking by measured quantity, not by effect. If drinking until you feel “relaxed” or “buzzed”, you will end up consuming the same amount of alcohol and calories regardless of “lite” versus “regular”.

COMMON MYTHS

MYTH #7: Alcohol warms up the body.

TRUTH: Alcohol causes vasodilation, which will actually cause the body to lose heat faster. However, the person will feel warmer simply because there is increased blood flow near the nerve endings of the skin where we sense temperature.

ALCOHOL EQUIVALENCIES

One serving of beer: ~ 12 ouncesOne serving of table wine: ~ 5 ouncesOne serving of fortified wine: 1 to 4

ouncesOne serving of liquor (80 proof): 1 ounceOne serving of “everclear”: 0.4 ounces

Define “proof”

HOW PEOPLE CONSUME ALCOHOL

Oral

Injected

Rectal

EFFECTS OF ALCOHOL ON THE BODY

It takes between 15 minutes and 1 hour for alcohol to enter the blood stream (depends on variety of factors).

1 drink equivalency will cause a “normal” male to increase BAC by 0.02%.

The body metabolizes at 0.015% per hour.

EFFECTS BY B.A.C. FOR ETHANOL

.00%No effect

.05 - .07 Impaired judgment, motor skills.10 - .25 Impaired coordination, decreasing levels of alertness and consciousness.35 - .45 Loss of consiousness, coma.45 + Death (LD50)

SHORT TERM EFFECTS

Depressed central nervous systemIncreased urinary output (causing

dehydration)Impaired judgment and reaction timeDecreased motor skills/coordinationDecreased body core temperatureDecreased sexual performanceEmotional changes & instabilityDisturbed REM sleepHangover

LONG TERM EFFECTS

In MODERATION (1-2 drinks per day, no binging):Lower cholesterol levelsPossible lower risk of Alzheimer’s

In EXCESS:Gastrointestinal disorders if taken in excessLiver disease and disordersNutritional deficienciesWeight/fat gainFetal alcohol syndrome

ALCOHOL ABSORPTION

MOUTH: ~ 1% (depends on time in mouth)

STOMACH: ~20% (depends on food, rate, etc.)

INTESTINES: ~80%

ALCOHOL ELIMINATION

1st PASS METABOLISM: 0 – 20%

LIVER: 80 – 95%

BREATH, SWEAT, URINE: 5 – 10%

FACTORS AFFECTING B.A.C.

Beverage Type: alcohol %, carbonationAmount: more consumed = higher BACRate: quicker = higher BACFood: presence, typeSize: more mass spreads out alcoholMedication or other drugs: effects varyGenetics: affects presence of alcohol

dehydrogenaseDisease: affects ability to metabolize

PERCEPTIONS VERSUS TIME

Relate to most recent frame of reference

When start drinking, compare to a sober state

After drinking for a while, compare to a drunk state

May mistakenly think “safe” when actually still very impaired

BINGE DRINKING

“Weekend” drinker

Possible at any age

Consuming 5 or more drink equivalencies in one sitting

“Episodic alcoholism”

Show Video Clip

ADDICTION

3 or more of the following in 12 months:ToleranceWithdrawalInability to limit or control intakeDesire to quit or reduce useSignificant time obtaining, using,

recoveringAdverse social, work, or recreation

impactContinued use despite knowledge of

problems

COMMON PROBLEMS WITH DRINKING

Not paying attention to amount:DistractionUse of cups & glasses, rather than

containers“Supersize” culture

Drinks mixed by self-declared “experts”Delay between consumption and feeling of effectsStopping based on feeling, rather than quantityThinking someone who is vomiting or “passed out” is still okay

RECOVERY

7 typical stages:DetoxificationWithdrawal“Honeymoon” stageThe “Wall”Adjustment phaseResolution“Beyond resolution”

RELAPSE

Negative emotions: despair, anger, frustration with people and situations

Social and peer pressure: often due to being around enablers and other users

Difficulty dealing with others: most often relationships with those closest to the user; lack of coping and communication skills

What Alcohol Use is Prohibited?

• Having an alcohol concentration of 0.02 or greater as indicated by an alcohol breath test.

• Consuming Alcohol while on the job.• Refusing to submit to an alcohol test when notified.

Prohibited Drug Use in the Workplace

Page 15 in your manual

Five Panel DOT TestingDrug testing is conducted for the presence of the following 5 drugs or their metabolites.

1. Marijuana2. Opiates3. Cocaine4. Amphetamines5. Phencyclidine (PCP)

MARIJUANA

• Produces a mildly tranquilizing mood and perception-altering effect. The leaves of the marijuana plant range in color from green to light tan, and are usually dried and broken into small pieces. Another less prevalent variety known as Hashish is a compressed, sometimes tar-like substance ranging in color from pale yellow to black. Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and incense. Common paraphernalia may include cigarette papers, roach clips, and small pipes made of bone, brass, or glass. Trade or street names for marijuana include: THC, Pot, Grass, Joint, Reefer, Acapulco Gold, Sinsemilla, Ganja, Thia Sticks, Hash and Hash oil.

OPIATES

• More commonly but inaccurately known as narcotics, are drugs that alleviate pain, depress body functions and reactions, and when taken in large doses, cause a strong euphoric feeling. In their natural form, opiates include opium, morphine, codeine and heroin. Opiates may be taken in pill form, smoked, or injected depending upon the type used. Trade or street names for opiates include: Smack, Big D, Dollies, Juice, Syrup, and China White.

COCAINE

• Energizes the entire central nervous system. Cocaine, or Cocaine Hydrochloride, is a white-to-creamy granular or lumpy powder that is chopped into a fine powder before use. It is snorted into the nose, rubbed on the gums, or injected into the veins. Cocaine base is a small crystalline rock about the size of a small pebble. It boils at a low temperature, is not soluble in water, and is up to 90 percent pure. Common paraphernalia may include a single-edged razor blade and a small mirror or piece of smooth metal, a rolled up dollar bill, a half-straw or metal tube, a small screw cap vial, or folded paper packet.

COCAINE Continued

• When vapors are inhaled, the effect is felt within seven seconds. Crack, a derivative of cocaine, looks like small rocks, and is commonly smoked using a crushed aluminum can with pin holes, or occasionally from a glass pipe with a lighter, alcohol lamp or small butane torch for heating. Trade or street names for cocaine are: Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and Blow.

AMPHETAMINES

• Are central nervous system stimulants that speed up the mind and body. The physical sense of energy at lower doses and the mental exhilaration at higher doses are the reasons for their use. Amphetamines are sold in counterfeit capsules or white flat, double-scored “mini-bennies.” One form of amphetamines, methamphetamine, is often sold as a creamy white and granular powder or in lumps and is packaged in aluminum foil wraps or sealable plastic bags. It may be taken orally, injected, or snorted into the nose. Trade or street names for this drug include: Ritalin, Speed, Meth, Crank, Crystal, Monster, Black Beauties, and Rits.

PHENCYCLIDINE (PCP)• PCP was originally developed as an anesthetic, but the adverse side effects prevented its use except as a large animal tranquilizer. Low doses produce sedation and euphoric mood changes. A person’s mood can change rapidly from sedation to excitation and agitation. Larger doses may produce a coma-like condition with muscle rigidity and a blank stare with the eyelids half closed. Sudden noises or physical shocks may cause a “freak out” in which the person has abnormal strength, extremely violent behavior, and an inability to speak or comprehend communication. It is commonly sold as a clear liquid in a screw cap vial or as a creamy, granular powder packaged in one-inch square aluminum foil or folded into packets. Trade or street names include: Angel Dust, Dust, and Hog.

NMSU Police InvolvementPage 21 in your manual

Examples of occasions that warrant police

involvement:

Possession of alcohol or drugsPossession of paraphernaliaDisorderly conductThreats or attacksCrashes (including industrial equipment)

Driving while impaired

Employee Assistance Program in Relation to Drug and Alcohol Testing

Page 23 in your manual

Supervisors must understand their role in implementing the Drug-Free Workplace Policy, how to make referrals to EAP, and when to contact HR for assistance.

What Supervisors Need to Know:

• How to investigate crisis situations• How to recognize workplace problems that may be related to alcohol and other drugs

• Intervene in problem situations• Refer employees who have problems with alcohol or other drugs

• Protect employee confidentiality• Continue to supervise employees who have been referred for assistance

• Avoid enabling and common supervisor traps

Overview of Drug-Free Workplace Policy

The Drug-Free Workplace Policy accomplishes

two major things:• Sends a clear message that use of alcohol and drugs in the workplace is prohibited

• Encourages employees who have problems with alcohol and other drugs to voluntarily seek help

Supervisors’ Responsibilities

It is your responsibility, as a supervisor, to:

• Maintain a safe, secure and productive environment for employees

• Evaluate and discuss performance with employees

• Treat all employees fairly• Act in a manner that does not demean or label people

Supervisors’ Responsibilities

It is NOT your responsibility, as a supervisor, to:

• Diagnose drug and alcohol problems

• Have all the answers• Provide counseling or therapy• Be a police officer

Identifying Performance Problems and Handling Potential Crisis Situations

• Distinguishing between a crisis situation and a performance problem

• Crisis situations are less common than performance problems and can consist of:– Dangerous behavior– Threatening behavior– Obvious impairment– Possession of alcohol and other drugs– Illegal activity

Recognizing Problems

Addiction:• The irresistible compulsion to use alcohol and other drugs despite adverse consequences. It is characterized by repeated failures to control use, increased tolerance and increased disruption in the family.

Recognizing Problems

• Poor attendance- tardiness, unexplained absences, long lunches

• Co-worker or customer complaints• Mistakes and missed deadlines

Ongoing performance problems that do not respond to normal supervisory actions may be signs of addiction and other personal problems and may require more intervention. Examples of common performance problems that may be indicators of underlying addiction include:

Interview Process For Reasonable Suspicion

and Post Accident Test Referrals

If an employee is suspected of being under the influence

of alcohol or drugs at work, you as the supervisor, will

need to complete the Reasonable Suspicion/Post Accident

Test Referral Form and conduct an interview.

Tips to help you prepare for the interview:

• Secure a private place to meet• Prepare what you are going to say ahead of time

• Remember to remain calm• Communicate respectfully• Do not accuse an employee • Do not play counselor• Treat all employees equally• Don’t ignore troubled employees

How to address an employee:

• State the problem• Discuss observations• Reaffirm that NMSU is a drug-free workplace• Attempt to get the employee to discuss issues

• Give the employee a chance to explain• Inform employee they will be sent for testing

• Discuss the availability of the EAP• Inform employee that refusal to test = positive test

• Keep files confidential

ConfidentialityFor supervisor referrals to be effective, an employee needs to

know that:• Problems will not be made public• Conversations with an EAP professional or other referral agent- are private and will be protected

• All information related to performance issues will be maintained in his/her personnel file. Documents relating to treatment will not be filed in the personnel file.

• If an employee chooses to tell coworkers about his/her private concerns, that is their own decision.

• When an employee tells his/her supervisor something in confidence, supervisors are obligated to protect that disclosure.

If EAP services are provided, employees are also assured that:

• EAP records are separate from personnel records and can be accessed only with a signed release from the employee.

• EAP professionals are bound by a code of ethics to protect the confidentiality of the employees and family members that they serve.

• There are clear limits on when and what information an EAP professional can share and with whom.

However, there are some limits on confidentiality that may

require:• Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law

• Reporting participation in an EAP to the referring supervisor

• Reporting the results of assessment and evaluation following a positive drug test

• Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in policy

Continued Supervision

After constructive confrontation and referral, the employee will

need:• Continuing feedback about behavior and performance

• Encouragement to follow through with continuing care and support groups

• Accurate performance appraisals and fair treatment

• Time to adjust to doing things differently • Respect for his or her privacy• Open lines of communication• Corrective action if old behaviors reappear

Enabling

Enabling: Action that you take that protects the employee from

the consequences of his/her action and actually helps the

employee to NOT deal with the problem.

Examples of enabling: • Covering Up• Rationalizing• Withdrawing/Avoiding

• Blaming• Controlling• Threatening

Supervisor Traps

• Sympathy• Excuses• Apology• Diversions

• Innocence• Anger • Pity• Tears

Exercise 6: Interview Process Scenarios with EAP

Page 27 in your manual

Read each of the 3 scenarios and determine how the supervisor acted correctly or incorrectly in each

situation.

Controlled Substances- Concentration Cutoff

Initial test analyte Initial test cutoff concentration Confirmatory test analyte Confirmatory test cutoff concentration

Marijuana metabolites 50 ng/mL THCA1 15 ng/mL.

Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL.

Opiate metabolites

Codeine/Morphine2 2000 ng/mL Codeine 2000 ng/mL.

Morphine 2000 ng/mL.

6–Acetylmorphine 10 ng/mL 6–Acetylmorphine 10 ng/mL.

Phencyclidine (PCP) 25 ng/mL Phencyclidine 25 ng/mL.

Amphetamines3

AMP/MAMP4 500 ng/mL Amphetamine 250 ng/mL.

Methamphetamine5 250 ng/mL.

MDMA6 (Ecstasy) 500 ng/mL MDMA 250 ng/mL.

MDA7 250 ng/mL.

MDEA8 250 ng/mL

Current Test Price Information

Breath Alcohol $30Urine Drug $40

Departments will cover the cost of any initial tests.

Return-to-Duty and Follow-up tests will be billed to the employee required to take the test.

Prices are subject to change.

Who is subject to DRUG and ALCOHOL testing?

• NMSU Employees required to hold or obtain a CDL and operate a CMV or;

• NMSU Employees who perform operations, maintenance, or emergency response function on a pipeline or liquefied natural gas facility regulated by DOT.

*This requirement is listed in their job description.*

Random Testing• Conducted by EMS on a regular basis throughout the year.

• Names are randomly selected from a random number generator program.

• Number of names drawn are in accordance with minimum testing requirements designated by DOT.

• HR EMS will provide all necessary instructions to the HR Liaison or Supervisor to inform employee of test.

Reasonable SuspicionWhen is it conducted?

Alcohol: Authorized only if the observations of a trained supervisor are made during, just preceding, or just after performing safety-sensitive duties.

Drugs: Anytime a covered employee is on duty, regardless of duty.*Call HRS for assistance in following appropriate procedures to ensure proper documentation, appropriate interview and transportation of the employee.

Post Accident TestingWhen is it conducted on a CMV

operator?Testing for illegal or controlled substances and alcohol must be done as soon as practical after an accident in which the driver was operating a CMV if:

1.Fatality involved; or2.Driver is cited for a moving violation AND either;

a. The vehicle is towed; or b. Someone is medically evacuated from the scene.

Post Accident TestingWhen is it conducted on a

Pipeline operator?

Testing for drugs or alcohol must be conducted on each surviving employee whose performance either contributed to the accident or cannot be completely discounted as a contributing factor to the accident.

Employee Responsibility in Post Accident Situations

The law requires citizens to provide reasonable assistance to

anyone who is injured.

Examples include:• calling 911• providing first aid

Employees must also notify supervisor of the incident

Positive Test Results

Positive Alcohol Tests

• BAT above 0.02 requires a confirmation test.• Confirmation test conducted 15 minutes after initial test.• Employee is advised not to eat, drink, belch, smoke, chew gum, etc..• If confirmation test BAT is between 0.02 – 0.039 the employee will be sent home temporarily.• If confirmation test BAT is 0.04 or higher, employee must be

removed from safety-sensitive duties. Transportation home

will need to be arranged.• Disciplinary action will be taken.• Treatment program required if eligible to return to work.

Positive Drug Tests

• Test results are received and confirmed within 1-3 days.

• MRO will evaluate results before reporting findings to DER.

• If results are positive, MRO will contact employee to see if

he/she has a valid prescription.• Positive results without a prescription will be reported to DER.

• Disciplinary action will be taken.• Treatment program required if eligible to return to work.

Return-to-Duty ProcessFor Random, Reasonable Suspicion,

And Post Accident Test Referrals

Employees who are not terminated and will remain active with NMSU must comply with and meet the requirements of the Return-to-Duty process.

1.Employee is required to select a SAP.2.Employee has 24 hrs to schedule a meeting with a SAP. 3.SAP will notify DER of eligibility for return-to-duty testing.4.Employee reports for return-to-duty testing.5.Follow-up treatment may take place at EAP or other designated treatment facility.6.Employee must notify his/her supervisor of scheduled appointments.

7.The EAP or other treatment program facilitator will inform HRS of the employee’s completion of the program.8.Employees who have returned to duty will be subject to a minimum of 6 unannounced tests.9.Positive test during treatment program= termination

An employee who self reports a problem of alcohol or controlled substance misuse/abuse after

receiving a notice to submit for testing will not be excused from being tested. The employee will

still be required to submit for testing as determined.

Questions?HRS Employee and Management Services

(575) 646-2449 / hr-ems@nmsu.edu

Employee Assistance Program(575) 646-6603 / (575) 646-4852

NMSU PoliceNon-emergency (575) 646-3311

Thank you for attending!